AG1 and others -v- Home Office (anonymity order)

County CourtAnonymity Order

Claim number: H02CL398

In the County Court at Central London

10 October 2024

Before:

Her Honour Judge Bloom

Between:

Estate of AG1 (deceased)

AG2

AG3

AG4

AG5

AG6

-v-

The Home Office

Order

Before Her Honour Judge Bloom sitting at the County Court at Central London, Thomas More Building, Royal Courts Of Justice, Strand, London, WC2A 2LL on 27 September 2024.

UPON HEARING Irena Sabic KC and David Sellwood, counsel for the Claimants, and Andrew Jungwirth, solicitor for the Defendant.

AND UPON considering the application notice dated 02 September 2024; and the witness statement of Bahar Ata, dated 25 September 2024; and:

i. Consideration of the Article 8 ECHR rights of the Claimants (including, in particular, Claimants 5 and 6, who are minors) to respect for private and family life, and the Article 10 ECHR right to freedom of expression.
ii. It appearing that non-disclosure of the identity of the Claimants is necessary to secure the proper administration of justice and in order to protect the interests of the Claimants and that there is no sufficient countervailing public interest in disclosure.
iii. The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4).

WHEREAS for the purposes of this order:
i. ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
ii. Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) directly above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT:

  1. The identity of the Claimants as a parties to these proceedings is confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimants, the Litigation Friend to Claimants 5 and 6, or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimants in these proceedings. The Claimants and their Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimants shall be referred to as:
    a. Claimant 1: ESTATE OF AG1 (DECEASED);
    b. Claimant 2 (including in the capacity as Administrator of Claimant 1 and Litigation Friend to Claimants 5 and 6): AG2;
    c. Claimant 3: AG3;
    d. Claimant 4: AG4;
    e. Claimant 5 (a minor): AG5 (a minor);
    f. Claimant 6 (a minor): AG6 (a minor).
    (ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimants’ solicitor, trustee or deputy.
  5. The Claimants’ solicitor shall file with the Court an electronic (PDF) bundle of the statement of case that has been anonymised in accordance with paragraph 3 above by no later than 21 days from date of sealing of this order.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27 September 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimants’ solicitor, trustee or deputy.
  8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  9. Costs reserved.